In my last post, I talked about what dependency is. That’s a good place to start, and then calling for an attorney. But what if you want to know more about the process before you talk to an attorney.

How do I file for Dependency? 

Now that we know to look at dependency, how do you file it? A “private” dependency petition is allowed to be filed, but it is not the same as filing other court documents.  It’s a two step process. First, you have to apply to file it, if the application is accepted, then you get to file a dependency petition and get a dependency hearing.

Why is that? Its important to know that dependency is a serious allegation. It affects the rights of the parents and of the children involved, meaning the courts take it seriously. Second, because it is not being filed by the local child welfare agency, your private petition will be treated with some skepticism. In fact, in your petition, you are required to list whether you have contacted the child welfare agency to ask for their involvement and if not, explain why.

The application requires certain facts: the name, date of birth, and location of the child (or children), of the parents, and of involved caretakers. It also requires you to know specific facts about why the child is in need of court involvement: what is the neglect, what is the problem with the parents, what is the problem with the child, whatever it might be, you need to know enough specific facts to be able to put it in writing.

That is the gatekeeper for these types of petitions: do you know enough about the child to file the petition. Any person, agency, group, school, anyone, may apply to file a private petition for dependency. The assumption by the statute is that you won’t have those facts without having a certain knowledge of the child or children involved. It is also assumed that not everyone who applies is actually going to be a party to this matter going forward (you can apply, do this first hearing, and then you can be released or even excluded from the case). At that application hearing it will be determined: do you have enough facts alleged to say the child involved is dependent, and are you a proper party to the proceeding. If you have enough facts alleged, then the petition can be filed and the case can go forward. If you’re a party, you can be appointed an attorney right then.

If you think you know a child or youth who is dependent or was in foster care and still needs help, and you have called the county children and youth agency without satisfactory response, give this office a call: 267-702-0648 We can talk through the nuances and see what the right path forward might be.